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학술논문토지공법연구2008.11 발행KCI 피인용 8

도시 및 주거환경정비법상 주택재개발사업의 활성화를 위한 관리처분단계의 법·제도적 개선방안

Improvement Measures of Laws and Systems at the Management and Disposal Stage for Activation of House Redevelopment Projects in Urban and Residential Environment Maintenance Law

강정규(동의대 재무부동산학과); 박태진(동의대 재무부동산학과); 김해중(동의대학교)

42권, 271~289쪽

초록

House redevelopment projects are conducted to improve residential environment of areas with poor infrastructures and many superannuated buildings in compliance with the Urban and Residential Environment Maintenance Law. Therefore, in case of ignoring the situation, a city will lose its functions because areas become slums. Accordingly, although harmonious and prompt maintenance work is required, many cases in which delay of process and economic loss are inevitable because of differences between actual conditions in the maintenance site and disposal policies of the authorities were found. First of all, Article 46, Clause 1 of the Urban and Residential Environment Maintenance Law is contradictory to reality because it claims that approximate allotments, application period for sale, and other matters decided by a Presidential decree should be notified to land owners within 21 days from a notification of a project approval. Secondly, some items of the articles of association have problems because there have been many cases in which association members gave up contracts claiming that they don't like the building and the house number decided by computer lot according to Article 42, Clause 5 when the computer lot for association members is conducted and contracts are concluded at a time of completion of removals and demolition after approval of the management and disposal plan. Thirdly, disposal of state and public lands does not accord with reality, becoming another obstacle to redevelopment projects. Therefore, the necessity of improvement measures of laws and systems at the management and disposal stage for activation of house redevelopment projects in Busan area was proposed. The current study suggested solutions such as partial revision of the Urban and Residential Environment Maintenance Law and revision of the articles of association.

Abstract

House redevelopment projects are conducted to improve residential environment of areas with poor infrastructures and many superannuated buildings in compliance with the Urban and Residential Environment Maintenance Law. Therefore, in case of ignoring the situation, a city will lose its functions because areas become slums. Accordingly, although harmonious and prompt maintenance work is required, many cases in which delay of process and economic loss are inevitable because of differences between actual conditions in the maintenance site and disposal policies of the authorities were found. First of all, Article 46, Clause 1 of the Urban and Residential Environment Maintenance Law is contradictory to reality because it claims that approximate allotments, application period for sale, and other matters decided by a Presidential decree should be notified to land owners within 21 days from a notification of a project approval. Secondly, some items of the articles of association have problems because there have been many cases in which association members gave up contracts claiming that they don't like the building and the house number decided by computer lot according to Article 42, Clause 5 when the computer lot for association members is conducted and contracts are concluded at a time of completion of removals and demolition after approval of the management and disposal plan. Thirdly, disposal of state and public lands does not accord with reality, becoming another obstacle to redevelopment projects. Therefore, the necessity of improvement measures of laws and systems at the management and disposal stage for activation of house redevelopment projects in Busan area was proposed. The current study suggested solutions such as partial revision of the Urban and Residential Environment Maintenance Law and revision of the articles of association.

발행기관:
한국토지공법학회
분류:
법학

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도시 및 주거환경정비법상 주택재개발사업의 활성화를 위한 관리처분단계의 법·제도적 개선방안 | 토지공법연구 2008 | AskLaw | 애스크로 AI